[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Rules and Regulations]
[Pages 48099-48103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22627]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6431-2]
Louisiana: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Louisiana has applied for final authorization to
revise its Hazardous Waste Program under the Resource Conservation and
Recovery Act (RCRA). The EPA has determined that these changes satisfy
all requirements needed to qualify for final authorization. The EPA
reviewed Louisiana's application, and now makes an immediate final
decision, subject to receipt of adverse written comment, that
Louisiana's Hazardous Waste Program revision satisfies all of the
requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant Louisiana final authorization for
the program modifications contained in the revision.
DATES: This action is effective on November 1, 1999 without further
notice, unless the EPA receives relevant adverse comments by October 4,
1999. If adverse comments are received, EPA will publish a timely
withdrawal of the immediate final rule or identify the issues raised,
respond to the comments, and affirm that the immediate final rule will
take effect as scheduled.
ADDRESSES: Mail written comments to Alima Patterson, Region 6, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, at the address shown
below. You can examine copies of the materials submitted by the State
of Louisiana during normal business hours at the following locations:
EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733, (214) 665-
8533: or Louisiana Department of Environmental Quality, H.B. Garlock
Building, 7290 Bluebonnet, Baton Rouge, Louisiana 70810,(504) 765-0617.
FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. What Is Resource Conservation and Recovery Act State
Authorization?
RCRA, as amended by the Hazardous and Solid Waste Amendments of
1984 (HSWA), provides for authorization of State hazardous waste
programs under subtitle C. Under RCRA section 3006, EPA may authorize a
State to administer and enforce the RCRA hazardous waste program. See
40 CFR part 271. In fact, Congress designed RCRA so that the entire
subtitle C program would eventually be administered by the States in
lieu of the Federal Government. This is because the States are closer
to, and more familiar with, the regulated community and therefore are
in a better position to administer the programs and respond to local
needs effectively.
After receiving authorization, the State administers the program in
lieu of the Federal government, although EPA retains enforcement
authority under RCRA sections 3008, 3013, and 7003. Authorized States
must revise their programs when EPA promulgates Federal Standards that
are more stringent or broader in scope than existing federal standards.
States are not required to modify their programs when Federal changes
that are less stringent than the existing Federal program or when
changes reduce the scope of the existing Federal program. These changes
are optional and are noted as such in the Federal Register (FR)
documents. However, EPA encourages States to adopt optional rules
because they provide benefit to environmental protection.
B. Why Are Revisions to State Programs Necessary?
States that receives final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal Hazardous Waste Program. As the Federal program
changes, States must change their programs and ask EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260-266, 268, 270, 273, and 279.
What Is the Effect of This Authorization?
This authorization should not have little impact because the
State's requirements are already effective. However, upon approval of
the revisions, Louisiana will have authority to regulate the rules
pertaining to RCRA Cluster VII. Currently, the EPA regulates this
waste. Louisiana will have authority to issue permits in RCRA Cluster
VII rules and to ensure that all permits issued to hazardous waste
facilities protect of human health and the environment.
D. What Is the History of Louisiana's Final Authorization and Its
Revisions?
The State of Louisiana initially received final authorization on
February 7, 1985 (50 FR 3348), to implement its
[[Page 48100]]
base Hazardous Waste Management program. Louisiana received
authorization for revisions to its program on January 29, 1990 (54 FR
48889), October 25, 1991 (56 FR 41958), and technical corrections at
(56 FR 51762), effective January 23, 1995 and another technical
corrections was made at (59 FR 55368-55371), (60 FR 18360), March 8,
1995. We authorized the additional following revisions: (59 FR 66200),
October 17, 1995, (60 FR 53707) effective January 2, 1996, March 28,
(61 FR 13777-13782) effective June 11, 1996, December 29, 1997, (62 FR
67572-67577) effective March 16, 1998 and October 23, 1998 (63 FR
56830-56891) effective December 22, 1998, August 25, 1999 (64 FR 46302-
46333), effective October 25, 1999. On January 26, 1999, Louisiana
applied for approval of its complete final program. In this
application, Louisiana is seeking additional approval of its program
revision in accordance with 40 CFR 271.21(b)(3).
In 1983, the Louisiana legislature adopted Act 97, which amended
and reenacted Louisiana Revised Statutes 30:1051 et seq., the
Environmental Affairs Act. This Act created the LDEQ, which has lead
agency jurisdictional authority for administering the RCRA Subtitle C
program in the State. Also, LDEQ is designated to facilitate
communication between EPA and the State. The State of Louisiana has
adopted the Federal regulations in cluster VII promulgated from July 1,
1996, through June 30, 1997; the State of Louisiana regulations became
effective September 20, 1998.
E. What Revisions Are We Approving With Today's Action?
The State of Louisiana submitted a final complete program revision
application, seeking authorization of their revisions in accordance
with 40 CFR 271.21. Louisiana's revisions consist of regulations which
specifically govern's RCRA cluster VII rules. Louisiana requirements
appear on the chart included in this document. The EPA is now making a
final decision, subject to receipt of written comments that oppose this
action, that Louisiana's hazardous waste program revision satisfies all
of the requirements necessary to qualify for final authorization.
Therefore, we grant Louisiana final authorization for the following
program revisions:
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Federal Citation State Analog
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1. Criteria for Louisiana Revised States (LRS) 30:Sec.
Classification of Solid 2180 et seq., as amended June 14, 1991,
Waste Disposal Facilities effective June 14, 1991; Louisiana
and Practices; Hazardous Waste Regulations (LHWR) Secs.
Identification and Listing 3911, as amended October 20, 1994,
of Hazardous Waste; effective October 20, 1994; 3915.B,
Requirements for 3915.B.1-3, 3915.B.4, 3915.B.4.a-b,
Authorization of State 3915.B.5, as amended September 20, 1998;
Hazardous Waste Programs, effective September 20, 1998, 301.B.1,
[61 FR 34252] July 1, 1996. as amended April 20, 1996, effective
(Checklist 153). April 20, 1996; 315.N, as amended
September 20, 1997, effective September
20, 1997; and 521.H, as amended
September 20, 1993, effective September
20, 1993. LAC 33:V.3913 and LAC
33:V.3915.B are more stringent than the
40 CFR 261.5(f)-(g). The State does not
recognize the class of generators
generating 0-100 kilogram per month as
``conditionally exempt small quantity
generators''. Generators in Louisiana
who generate 0-100 kg/mth must follow
more stringent guidelines, such as
filing annual reports for small quantity
generators.
The State regulations are more stringent
because generators who generate more
than 1 kg acutely hazardous waste are
subject to full regulations. LAC
33:VII.301.B.1, LAC 33:VII.315.N. and
LAC 33:VII.521.H) is more stringent than
40 CFR 261.5(f)(3)(iv)(v) and (g)(3)(iv)-
(v) because solid waste landfills are
prohibited from accepting hazardous
waste, with the exception of household
hazardous waste.
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2. Land Disposal Restrictions LRS 30:2180 et seq., as amended June 14,
Phase III--Emergency 1991, effective June 14, 1991; LHWR
Extension of the K088 Secs. 109 Excluded Scrap Metal, 109.
Capacity Variance, [62 FR Processed Scrap Metal, 109. Home Scrap
1992] January 14, 1997. Metal, 109. Prompt Scrap Metal, 109.
(Checklist 155). Table 1, 105.D.1.m-n, 105.D.1.n.i-ii,
4105.B.4, 2201.l-l.2, 2201.l.3,
2237.A.2.d, 2237.A.4, 2245.A, 2245.A,
2245.B.1-6, 2245.B, 2245.C.1.a-d,
2245.C.2, 2245.C, 2245.C.1.a,
2245.C.1.b, 2245.D.3-7, 2245.D, 2245.E,
2245.E.1-3, 2245.F, 2245.G, 2245.H,
2245.L, 2245.L.1-3, 2747.A, 2247.A.1-2,
2247.B, 2247.B.1-2, 2247.B.2.a-e,
2247.C, 2247.C.1-3, 2247.D-E, 2247.F.1-
2, 2246.A, 2246.D.1.b, 2209.A, 2209.A.1-
3, 2209.B-D, 2209.D.2-3, 2209.D.1,
2209.D.4, 2209.E, 2213-2219, Chapter 22
Tables 2-3, 2231.L, Chapter 22. Table 10
and Chapter 22 Tables 5 and 11, as
amended September 20, 1998, effective
September 20, 1998. The State has no
equivalent citation to 40 CFR
268.1(e)(1). The State does not
recognize the class of generators
generating 0=100 kg/mth as
``conditionally small quantity
generators (SQGs)'' Generators in
Louisiana who generate 0-100 kg/mth must
follow more stringent guidelines for
SQGs). LAC 33:V.2237.A.4 is more
stringent than 40 CFR 268.4(a)(4)
because Louisiana specifies that the
owner or operator must submit to the
administrative authority a written
certification. There is not an
equivalent citation to 40 CFR
268.7(a)(10). In this case the State
does not offer the relief to SQG and
thus the State is more stringent.
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3. Military Munition Rule: LRS 30:2180 et seq., as amended June 14,
Hazardous Waste 1991, effective June 14, 1991; LHWR
Identification and Secs. 109, 109. Active Range, 109.
Management; Explosive Administrative Authority, 109. Chemical
emergencies; Manifest Agents and Munitions, 109. Explosives or
Exemption for Transport of Emergency, Response Specialist, 109.
Hazardous Waste on Right-of- Inactive Range, 109. Military, 109.
Ways on Contiguous Military Munitions, 109. Military Range,
Properties, [62 FR 6622] 109. Unexploded Ordnance (UXO), 109.
February 12, 1997. Solid Waste.1.b.iii-iv, 305.C.12-13,
(Checklist 156). 321.C.8, 321.C.8.a-c, 321.C.9, 1101,
1107A.11, 1301.G, 1301.H, 1501.C.7.a.iv,
1501.C.7.d, 1501.C.12, 901, 2401,
2403.A, 2403.A.1-5, 2403.B, 2403.B.1,
2403.B.1.a-b, 2403.B.1.b.1-iii,
2403.B.1.c, 2403.B.2-3, 2403.C-F, 2405.A-
B, 4307, 4351, 4707, 4709.A, 4709.A.1-5,
4709.B, 4709.B.1, 4709.B.1.a-b,
4709.B.b.1-iii, 4709.B.1.c, 4709.B.2-3,
4709.C-F, 4711.A-B, 5301.A-B, 5303.A,
5303.A.1, 5303.A.1.a-c, 5303.A.2,
5303.B, 5303.B.1-4, 5303.C, 5303.C.1-2,
5303.D, 5305.A, 5305.A.1, 5305.A.l.a-c,
5305.A.2-4, 5305.B-C, 5307, 5309,
5309.A.1, 5309.A.1.a-g, 5309.A.2-3,
5309.B-D, 5309.D.1-2, 5309.E, 5311,
305.C.13.d, 305.C.15, as amended
September 20, 1998, effective September
20, 1998.
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[[Page 48101]]
4. Land Disposal LRS 30:2180 et seq., as amended June 14,
Restrictions--Phase IV: 1991, effective June 14, 1991; LHWR
Treatment Standards for Wood Secs. 109. Excluded Scrap Metal, 109.
Preserving Waste, Paperwork Processed Scrap Metal, 109. Home Scrap
Reduction and Streamlining, Metal, 109. Prompt Scrap Metal, 109.
Exemptions From RCRA for Table 1, 105.D.1.m-n, 105.D.1.n.i-ii,
Certain Processed Materials; 4105.B.4, 2201.l.l-2, 2201.l.3,
and Miscellaneous Hazardous 2237.A.2.d, 2237.A.4, 2245.A, 2245.B.1-
Waste Provisions, [62 FR 6, 2246.B, 2245.C.1.a-d, 2245.C.2,
25998] May 12, 1997. 2245.C, 2245.C.1.a-b, 2245.D.3-7,
(Checklist 157). 2245.D, 2245.E, 2245.E.1-4, 2245.F-H,
2245.l, 2245.l.1, 2245.l.2-3, 2245.l.3,
2747.A, 2247.A.1-2, 2247.B, 2247.B.1-2,
2247.B.a-e, 2247.C, 2247.C.1-3, 2247.D,
2247.E, 2247.F.1-2, 2246.A, 2246.D.1.b,
2209.A, 2209.A.1-3, 2209.B-D, 2209.D.2-
3, 2209.D.1, 2209.D.4, 2209.E, 2213-
2219, Chapter 22. Table 2, Chapter 22.
Table 3, 2231.L, Chapter 22. Table 10, 5
and 11, as amended September 20, 1998,
effective September 20, 1998
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5. Hazardous Waste Management LRS 30:2180 et seq., as amended June 14,
System; Testing and 1991, effective June 14, 1991; LHWR
Monitoring Activities, [62 Secs. 110.A, 110.A.1-10, as amended
FR 32452] June 13, 1997. April 20, 1998, effective April 20,
(Checklist 158). 1998; 110.A.11, as amended September 20,
1998, effective September 20, 1998,
110.A.12-15, as amended April 20, 1998,
effective April 20, 1998, 1711.D.1.c,
1711.F, 1741.D.2, Chapter 33. Table 4,
4557, 4587, 3009.E.1, 3013.G.1-2,
3015.F, as amended September 20, 1998,
effective September 20, 1998; and
Chapter 30. Appendix I, as amended
December 20, 1992, effective December
20, 1992
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F. What Decisions Has the EPA Made?
We conclude that Louisiana's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Accordingly, we grant Louisiana final authorization to operate its
hazardous waste program as revised, assuming we receive no adverse
comments as discussed above. Upon effective final approval Louisiana
will be responsible for permitting treatment, storage, and disposal
facilities within its borders and for carrying out the aspects of the
RCRA program described in its revised program application, subject to
the limitations of the HSWA. Louisiana also will have primary
enforcement responsibilities, although EPA retains the right to conduct
inspections under section 3007 of RCRA, and to take enforcement actions
under sections 3008, 3013, and 7003 of RCRA.
G. How Do the Revised State Rules Differ From the Federal Rules?
EPA considers the following State requirements to be more stringent
than the Federal: The State has no equivalent citation to 40 CFR
268.1(e)(1). The State does not recognize the class of generators
generating 0-100kg/mth as ``conditionally exempt small quantity
generators''. Generators in Louisiana who generates 0-100kg/mth must
follow more stringent guidelines for small quantity generators. LAC
33:V.2237.A.4 is more stringent than the 40 CFR 266.4(a)(4) because
Louisiana specify that the owner or operator must submit to the
administrative authority a written certification. There is no
equivalent citation to 40 CFR 268.7(a)(10) because the State of
Louisiana does not offer the relief to small quantity generators. LAC
33:VII.301.B.1, LAC 33:VII.315.N, and LAC 33:VII.521.H is more
stringent than the 40 CFR 261.5(f)(3)(iv)(v) and (g)(3)(iv)-(v) because
solid waste landfills are prohibited from accepting hazardous waste,
with the exception of household hazardous waste. These requirements are
part of Louisiana's authorized program and are federally enforceable.
In this authorization of the State of Louisiana's program revisions for
RCRA cluster VII, there are no provisions that are broader in scope.
Broader in scope requirements are not part of the authorized program
and EPA can not enforce them.
H. Who Handles Permits After This Authorization Takes Effect?
Louisiana will issue permits for all the provisions for which it
has authority and will administer the permits it issues.
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which it issued before the effective date of this
authorization until they expire or are terminated. EPA will not issue
any more permits or portions of permits for the provisions listed in
this document after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
the State is not yet authorized.
I. Why Wasn't There a Proposed Rule Before Today's Notice?
EPA is authorizing the State's changes through this immediate final
action and is publishing this rule without a prior proposal to
authorize the changes because EPA believes it is not controversial and
we expect no comments that oppose this action. EPA is providing an
opportunity for public comment now. In the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State changes. If EPA receives comments which
oppose this authorization, that document will serve as a proposal to
authorize the changes.
J. Where Do I Send My Comments and When Are They Due?
You should send written comments to Alima Patterson, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to
Docket Number LA-99-2. We must receive your comments by October 4,
1999. You may not have an opportunity to comment again. If you want to
comment on this action, you must do so at this time.
K. What Happens if EPA Receives Comments Opposing This Action?
If EPA receives comments opposing this authorization, a second
Federal Register document will be published before the immediate final
rule takes effect. The second document may withdraw the immediate final
rule or identify the issues raised, respond to the comments, and affirm
that the immediate final rule will take effect as scheduled.
L. When Will This Approval Take Effect?
Unless EPA receives comments opposing this action, this final
authorization approval will become effective without further notice on
November 1, 1999.
M. Where Can I Review the State's Application?
You can view and copy the State of Louisiana's application from
8:30 a.m. to 4 p.m. Monday through Friday at the following addresses:
Louisiana Department of Environmental Quality, H.B. Garlock Building,
7290 Bluebonnet, Baton Rouge, Louisiana 70810, (504) 765-0617 and EPA,
Region
[[Page 48102]]
6 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For
further information contact Alima Patterson, Region 6 Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, (214) 665-8533.
N. Now Does Today's Action Affect Indian Country in Louisiana?
Louisiana is not authorized to carry out its hazardous waste
program in Indian country within the State. This authority remains with
EPA. Therefore, this action has no effect Indian country.
O. What Is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. The EPA does this by referencing the authorized
State rules in 40 CFR part 272. The EPA reserves the amendment of 40
CFR part 272, subpart T for this authorization of Louisiana's program
changes until a later date.
Regulatory Requirements
Compliance With Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this rule
from the requirements of section 3 of E.O. 12866.
Compliance Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' applies to any rule that: (1) The OMB
determines is ``economically significant'' as defined under E.O. 12866;
and (2) concerns an environmental health or safety risk that the EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions based on environmental health or safety
risks.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
This action does not involved technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 and 205 of the
UMRA, the EPA must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. The
EPA has determined that section 202 and 205 requirements do not apply
to today's action because this rule does not contain a Federal mandate
that may result in annual expenditures of $100 million or more for
State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the State of Louisiana's program, and today's action does
not impose any additional obligations on regulated entities. In fact,
the EPA's approval of State programs generally may reduce, not
increase, compliance costs for the private sector. Further, as it
applies to the State, this action does not impose a Federal
intergovernmental mandate because UMRA does not include duties arising
from participation in a voluntary Federal program.
The requirements of section 203 of UMRA also do not apply to
today's action. Before the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, section 203 of the UMRA requires the EPA to develop
a small government agency plan. This rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Although small governments may be hazardous waste
generators, transporters, or own and/or operate hazardous waste
treatments, storage or disposal facilities (TSDFs), they are already
subject to the regulatory requirements under the existing State laws
that are being authorized by the EPA, and thus, are not subject to any
additional significant or unique requirements by virtue of this program
approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1966), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if any agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule therefore, does not require a regulatory
flexibility analysis.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 48103]]
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. The EPA submitted a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives and the Comptroller General
of the United States prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' defined by 5 U.S.C.
804(2).
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
Executive Order 12875 Enhancing Intergovernmental Partnerships
Under E.O. 12875, the EPA may not issue regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, the EPA must provide to the
OMB a description of the extent of EPA's prior consultation with
representatives of affected State, local and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires the EPA to develop an
effective process permitting elected officials and other
representatives of State, local and tribal governments to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
Executive Order 13084 Consultation and Coordination With Indian Tribal
Governments
Under E.O. 13084, the EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
cost incurred by the tribal governments. If the mandate is unfunded,
the EPA must provide to the OMB, in a separately identified section of
the preamble to the rule, a description of the extent of the EPA's
prior consultation with representatives of affected tribal governments,
a summary of the nature of their concerns, and a statement supporting
the need to issue the regulation. In addition, E.O. 13084 requires the
EPA to develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.
This rule is not subject to E.O. 13084 because it does not
significantly or uniquely affect the communities of Indian governments.
The State of Louisiana is not authorized to implement the RCRA
hazardous waste program in Indian country. This action has no effect on
the hazardous waste program that the EPA implements in the Indian
country within the State.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority
This document is issued under the authority of sections 2002(a),
3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C.
6912(a), 6926, 6974(b).
Dated: June 15, 1999.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 99-22627 Filed 9-1-99; 8:45 am]
BILLING CODE 6560-50-P
